Guardianship & Adults with Incapacity

If your loved one loses capacity and has not made a Power of Attorney,  you will need to ask the court for authority to make decisions for them. This process is complex and can be very drawn-out.

We will get started quickly, explain every stage as we go, and ensure your application covers everything necessary to ensure your loved one is supported.

Some applications are opposed, although this is relatively rare. When this happens, our team has experience in resolving disputes constructively. If you are concerned about someone else’s application for guardianship, we can also advise on your options.

If you are the parent of a young person who lacks capacity, you may not be aware that when they turn sixteen, you can no longer make decisions for them based on parental rights. Instead, you need to access a different legal framework.

This often comes to light only when there is an issue with transitioning to adult services, or accessing support funding. You will normally need to apply for a guardianship order to continue making decisions for your child. We can start the process before their sixteenth birthday to help ensure a smooth transition.

If you are acting as a guardian, or through a Power of Attorney, the responsibility can be daunting. The processes for monitoring and reporting may be confusing, or you may be unsure if you have the authority to take a particular decision.

Our experts act as financial guardians on behalf of local authorities and have experience in the practical implementation of court orders. We can guide you through this process.

We can also advise on any disputes which may arise with other people involved in your loved one’s care or financial affairs, recognising how complex and sensitive such disputes can be.

Our team is experienced in producing reports for the courts in cases relating to vulnerable adults, whether appointed by the court as independent safeguarder of their interests, or in support of an application for guardianship where financial authority is sought.

We are also commissioned to prepare independent expert opinions where legal queries or disputes have arisen in relation to a vulnerable adult. We can turn these requests around promptly and sensitively, with a focus on seeking pragmatic solutions.

If you have obtained a court order in another country about a vulnerable adult, you may need to implement it in Scotland (for example, to deal with property located here).

This will require applying for formal recognition of the order. We can handle the technicalities of this procedure so you can focus on supporting your loved one.

Conversely, if you are applying for a court order in Scotland, but think you may need to use it elsewhere (including England/Wales), we will anticipate this when making your application to help ensure the order will be approved by the foreign court.